how to get divorce on grounds of desertion in Kharagpur

Detailed Legal Analysis

To obtain a divorce on the grounds of desertion in Kharagpur, you must follow a legal process established under the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954, depending on your marriage type.

Desertion, as a ground for divorce, is defined under Section 13(1)(ib) of the Hindu Marriage Act, 1955, which states that a spouse can file for divorce if the other spouse has deserted them for a continuous period of two years or more. Under the Special Marriage Act, 1954, the provision is similar in nature.

Here are the steps to file for divorce on the grounds of desertion:

• Understand the Meaning of Desertion: Desertion involves the voluntary abandonment of one spouse by the other without reasonable cause or consent. It must be continuous for at least two years.
• Collect Evidence: Gather evidence to substantiate your claim of desertion, which may include:
  • Documented proof of the spouse's absence.
  • Witness statements.
  • Communication records (e.g., messages, emails) showing attempts to contact the spouse.
• Consult a Lawyer: It is advisable to seek legal counsel experienced in family law to guide you through the process and help draft the divorce petition.
• File a Divorce Petition: Prepare and file a divorce petition in the family court of Kharagpur. The petition should include:
  • Your details and those of your spouse.
  • The facts of the marriage.
  • Details of desertion (duration and circumstances).
  • Any additional claims (e.g., alimony, child custody).
• Await the Court Proceedings: After filing, the court will schedule hearings. You must attend these and present your case along with the evidence.
• Receive the Court Order: If the court finds merit in your claim, it will grant a divorce decree. The process may take several months, depending on the court's caseload.

It is important to note that the court may also consider the circumstances surrounding the desertion and whether the deserting spouse had reasonable cause to leave. Be prepared for the possibility of mediation or reconciliation efforts as mandated by the court.